ABS = no skid marks. What do accident investigators check?

There are still skid marks. ABS keeps the tires from locking up completely to keep control of the vehicle. The tires still skid enough to leave marks.

We just had an accident here where a van ran a stop sign and ran into the side of a school bus killing four kids.

The investigators tapped into the computer of the van and discovered that the vehicle was traveling at 80 MPH and never touched the brakes prior to hitting the school bus. The impact was so severe that the school bus was pushed over on it’s side. The driver is now facing four counts of vehicular homocide and could go away for a long, long time.

Tester

In answer to the OP, I read an article written about/by accident investigators and I remember them saying that ABS does still leave faint skid marks, just much harder to see and measure accurately.

As for the legal stuff, I am not a lawyer but I have read and heard about court cases where “black box” evidence has been used and challenged. It seems like a criminal investigation would need a search warrant, and if they impound the car they’ll surely get the warrant. In a civil case there is a supeona process that would accomplish the same thing. Insurance companies may be adding clauses to their policies giving them rights to that data. Have you read every last bit of small print they sent you? But, no, just having a drivers license does not give anyone permission to search your car. That is well established in case law and if a police officer says something like, “You know I have to search your car, right?” he is really asking permission and you can say no, or ask to see a warrant. If he’s just on a fishing expedition, and honest, he’ll let it go.

Driving is a privelege, not a right. We all may have allowed investigators to inspect the car however they want by signing to receive a driver’s license.

Just because Driving is a privilege does NOT mean you have to give up other constitutionally protected rights. Sorry…but a police officer can NOT search your car without a warrant or probable cause.

Here in Ontario, if the “black box” or SRS module is seized at the scene of the accident, no warrant is required. However, after the car has been towed to the impound, a warrant is required.

Canada doesn’t have the same laws as the US does.

Well I was WRONG…

The police CAN read the computer…At least in NY.

http://www.law.com/jsp/article.jsp?id=1105364095740

What are we trying to determine? If the brake pedal was pushed at all,or determine how far away from the impact point brakes were activated or how fast the car was going?

[b]

Canada doesn’t have the same laws as the US does.[/b]

I’m aware of that, Mike. Just providing an example that may or may not be similar to what can happen in the US.

From the above link:

Nevertheless, the judge found that because the detectives obtained a warrant based not upon information obtained from the car, but from eyewitnesses and observations at the crash scene, the search was covered by the “independent source rule.”

Basically, the judge said the black box evidence was admissible because the otherwise illegal seizure was covered by a warrant issued based on independent testimony. If they hadn’t had that it would have been tossed out. They did need a warrant.

Its pretty simple and uncomplicated. There is a new formula for obtaining breaking distance. ABS break will lock up at very low speeds and the rear breaks always lock up. Modern breaks are designed this way to create friction at the back wheels because breaking effort is more efficient when the car has to drag the back tires. Thus, the new/modern skid measurements are used. Skid marks are never calculated when there is ice or snow on the ground because ABS systems compensate differently at those times. Also, if a car is being driven with poor to no tread the ABS system will sense low speed and always lock up.

ABS equipped vehicles do indeed leave skid marks. The typical ABS skid looks the same as a regular skid mark except a little lighter and interrupted in a close pattern by the rapid locking and release of the brakes. It looks just like a “dashed” line. Look for yourself at intersections. You will see them everywhere.